Can You Move Out Of State Without A Custody Agreement

When parents live in different countries, parents should think about the impact this will have on the minor child`s visit. Many parents choose to extend the visit in the summer and during the holidays in order to give more visiting time to a non-killer parent. If custody and visitation have already been decided, you cannot move if it is contrary to a court order or transaction. Sometimes the order or agreement says you can`t move. Although it does not say that if the move prevents the other parent from obtaining the custody or access to which he or she is entitled, it may be prohibited. An order or transaction can be changed to allow for relocation, but this requires you to go back to court and prove that it is in the best interests of the child and at least minimally fair to the other parent. If divorce documents have been served on you, do not move a minor child without first consulting a state attorney. Many courts order the move while a divorce or custody case is pending. You should understand whether or not this is the case in your case. Whether the order expressly prohibits leaving the state without the agreement of the other party or making a change to the order, it will be impossible to comply with the current injunction. You can`t be in two places at the same time, so you violate the order when you move.

As you can see, moving a parent into a custody case is a complex area of Pennsylvania custody, with significant consequences for lawlessness. These situations are best verified by a qualified family law lawyer long before you plan to move with children, and certainly if your move is necessary due to a family emergency, job loss, or job change. For more information on issues related to the relocation of children or other matters regarding custody and support cases, divorce cases, pre-marital agreements, adoption or grandparents` rights, please contact one of Willig Williams & Davidson`s lawyers for domestic relations and family law at (215) 656-3600. This is usually done during initial custody hearings and is usually included in a clause in the custody plan. The extract for some reason almost always poses problems with custody agreements, including time and additional travel expenses. Moving to another state after the adoption of a custody and assistance order may infringe your rights, especially if you have been ordered to share custody with your former partner or spouse. However, it is still not a good idea to take a drastic transnational step without first dealing with custody. From a technical point of view, you could follow the order if you could afford to bring the kids back every weekend.

But the children would still be uprooted from their current lives, and they would now spend at least several hours traveling every weekend. What can happen if you move anyway? Most separation agreements contain provisions for the payment of the other parent`s attorney`s fees in the event of a breach of the agreement. And again, such a drastic step without agreement with the other parent or the entrance to the court could affect how the court views your judgment. But Seattle is far from Raleigh, North Carolina. What are you going to do with the children? You don`t have much time before you move. If you have to leave the state with your child to be safe, you may have to take the risk. But you should first talk to a lawyer if you can. This kind of case is very complicated. That`s why it`s so important to get legal advice. Your lawyer might advise you: it may still be best to file an ex parte protection order for domestic violence. This will inform the court of your intention to move temporarily and allow the court to quickly hear your case in emergency detention.

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